ABSTRACT
Juridical Analysis of Supreme Court Decision Number
111 PK / TUN / 2017 about Public Information Disputes between the City
Government of Surabaya and the Environment Forum (WALHI)
Name :
Bagas Mullanda Saputra
NIM : 15040704112
Department :
S-1 Law
Fakulty : Social science and law
Name of Institution : State
University Of Surabaya
Advisor : Tamsil, S.H.,
M.H.
In 2008, the function of the Sepat Reservoir was changed into an object
of exchange with the developer of PT. Ciputra Surya Tbk. The people of Dukuh
Sepat objected to the transfer of functions so as to authorize WALHI East Java
to request information from the Surabaya City Government but no response was
given so that it was brought to the East Java KIP Commissioner and granted with
the Decision of the East Java Provincial Information Commission Number: 100 /
II / KI- Prov.Jatim-PS-AMA / 2016. The Surabaya City Government filed an
objection to the KIP decision to PTUN and Kasasi but the effort strengthened
the KIP decision. The Surabaya City Government submitted a review request and
in its decision No. 111 PK / TUN / 2017 stated that they refused the request
for reconsideration. Until now the Surabaya City Government has not implemented
the court's decision by submitting the documents requested by WALHI East Java.
The purpose of this study is (1) to analyze the basic considerations of
judges in the Supreme Court decision No. 111 PK / TUN / 2017, (2) to find out
the legal consequences of the Surabaya City Government that does not comply
with the results of the ruling that oblige to provide public information
related to the acquisition of sepat reservoirs and (3) find out what legal
steps taken by Walhi over non-compliance with the decision of the Supreme
Court. This research is a normative juridical legal research using a statutory,
case and conceptual approach. The legal material of this study consisted of
primary legal materials, secondary legal materials and non-legal materials. The
legal material of this study consisted of primary legal materials, secondary
legal materials and non-legal materials. Legal materials have been processed
and then analyzed using prescriptive methods.
The results of the study and discussion explained that the consideration
of judges in the Decision 111 / PK / TUN / 2017 was appropriate because it was
in accordance with legal sources relating both formally through the Judicial
Power Law . The Novum submitted
does not qualify as Novum because the Novum is not decisive because it was
published after the Public Information Disputes dispute was completed by the
KIP. Documents requested that these documents are not exempt public
information. The legal steps that can be taken by the Indigenous Law Community
of the Sepat Reservoir area are to submit an application to the Chair of the
Court for the Court to order the defendant to implement the Court's decision.
The Chief Justice of the Court summons the party who lost the law and
reprimands (aanmaning) so that the party who loses the case meets the court's
decision in a maximum period of 8 (eight) days. Going forward, the improvement
of the procedure for requesting public information so that in the future the
applicant for public information will get clarity and ease in requesting public
information. There is also a need for decisive action against public officials
who deliberately do not provide public information that must be provided or
announced immediately.
Keywords : Implementation
of Decisions, Public Information
Disputes Sakti Sepat Reservoir.